Colorado Nursing Home Abuse Lawyers

Colorado Elderly ManWhen you decide to place a loved one in a nursing home, it is expected that staff members will provide the diligent care and support that your loved one needs. Under the Nursing Home Reform Law of 1987, staff members must provide care that ensures the highest level of physical and psychological well-being for nursing home residents.

The Nursing Home Reform Law of 1987 also outlines the many rights that nursing home residents have in receiving care from a facility. Nursing home residents have the right to receive adequate medical care and care that respects their quality of life. In addition, nursing home staff members have a legal obligation to respect the dignity of each resident in a nursing home.

If you discover that your loved one has developed bed sores or has been the victim of abuse, then a Colorado nursing home lawyer may be available to assist you.

Colorado State Laws & Nursing Home Standards

Under the Colorado Statute of Limitations, victims of nursing home neglect or abuse only have two years to file their claims. The statute begins to run from the day in which a victim discovers his or her injuries that result from neglect or abuse. Under the Colorado Wrongful Death Statute, family members also only have a period of two years in which to file legal claims on behalf of their deceased loved one.

Colorado laws also provide specific protections for those who are nursing home residents. Nursing home residents are considered “at-risk adults” under §26-3.1-101, and the statute also defines specific instances of abuse for which staff members may be criminally liable. §26-3.1-101 states that abuse can occur when an at-risk adult suffers from malnutrition, dehydration, skin bruising, bleeding, burns, bone fractures, poisoning, subdural hematoma, suffocation or swelling of soft tissue. In addition, Colorado laws maintain that neglect occurs when an at-risk adult does not receive food, clothing, shelter, medical care or psychological care in a timely manner.

Signs of Injuries of Your Loved One

Family members who notice any signs of abuse or neglect on a nursing home resident should take active care to report such abuse or neglect to the appropriate authority. The following are some signs that your loved one may be the victim or emotional, physical or sexual abuse:

  • Bed Sores
  • Fractured Bones
  • Open Wounds
  • Infection
  • Loss of Hair
  • Torn or stained clothing
  • Emotional withdrawal
  • Unresponsiveness
  • Complaints of the victim

There are reporting requirements in place under Colorado statutes for family members who notice that a loved one is being abused or neglected. Family members should immediately make an oral report of the abuse to a county department within 24 hours. It is sufficient for family members to simply suspect that abuse is occurring in order to make a report to an authority.

In addition, there may be other professionals who are required to report such signs of abuse. Any physicians, assistants, nurses, medical examiners or even coroners must report any signs that they discover of abuse on a loved one.

When a report of abuse is made, an agency will then immediately begin to investigate the report. An interview with the nursing home resident will be completed.

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Speak with a Colorado Nursing Home Attorney Today

It is important to also get in touch with a Colorado nursing home attorney as soon as you suspect that a loved one may be the victim of abuse or neglect. A Colorado nursing home attorney will serve as an additional support system during this difficult time and will also investigate any red flags that you have reported. You can feel empowered in knowing that a Colorado nursing home lawyer is available to assert the rights of your loved one to receive proper treatment and obtain compensation as a result of his or her injuries.  Our attorneys are here to help families and residents throughout the State of Colorado in such areas as:

Colorado nursing home lawyers are here to fight for your rights and help you succeed in asserting a legal claim.

Nursing Home Negligence

STATUTE OF LIMITATIONS

DAMAGES CAP

  • Civil action other than medical malpractice: Noneconomic damages are limited to $250,000, unless the court finds justification by clear and convincing evidence to increase damages. (Colorado Revised Statutes §13-21-102.5 – Limitations on damages for noneconomic loss or injury)
  • Medical malpractice: Damages (past and future) are capped at $1 million per patient, including any claim for derivative noneconomic loss or injury, of which not more than $300,000 shall be attributable to direct or derivative noneconomic loss or injury (unless court determines that damages exceeding this limitation would be fair, then court may award in excess of the limitation the present value of additional past and future damages only). (Colorado Revised Statutes §13-64-302)

Wrongful Death

STATUTE OF LIMITATIONS

DAMAGES CAP

  • Civil action other than medical malpractice: Noneconomic damages are limited to $250,000, unless the court finds justification by clear and convincing evidence to increase damages. (Colorado Revised Statutes §13-21-102.5 – Limitations on damages for noneconomic loss or injury)
  • Medical malpractice: Damages (past and future) are capped at $1 million per patient, including any claim for derivative noneconomic loss or injury, of which not more than $300,000 shall be attributable to direct or derivative noneconomic loss or injury (unless court determines that damages exceeding this limitation would be fair, then court may award in excess of the limitation the present value of additional past and future damages only). (Colorado Revised Statutes §13-64-302)

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